January 22, 2009: Clinton signs a non-disclosure agreement promising to safeguard a type of top secret information.

Hillary's signature on the non-disclosure agreement (NDA). (Credit: public domain)

Hillary’s signature on the non-disclosure agreement (NDA). (Credit: public domain)

The non-disclosure agreement (NDA) concerns “sensitive compartmented information” (SCI), which is a type of “top secret” classification. In signing the agreement, Clinton acknowledges any “breach” could result in “termination of my access to SCI and removal from a position of special confidence and trust requiring such access as well as the termination of my employment or any other relationships with any department or agency that provides me with access to SCI.” (US Department of State, 11/5/2015)

This is one of two NDAs Clinton signs on this day.

It will later be revealed that out of the over 30,000 emails Clinton turned over to the State Department in December 2014, three of them were deemed “top secret / Sensitive Compartmented Information.”

August 21, 2015: An email reveals that every employee of the company managing Clinton’s private server can access the server through the Internet.

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PRN grew exponentially in 2015, including a number of new employees. (Credit: Platte River Networks)

Paul Combetta, an employee of Platte River Networks (PRN), sends an email to Leif McKinley, an employee of Datto, Inc. PRN is managing Clinton’s private server, and Datto has been subcontracted by PRN to provide back-up for the server. Combetta writes: “We are trying to tighten down every possible security angle on this customer. It occurs to us that anyone at PRN with access to the Datto Partner Portal (i.e. everyone here) could potentially access this device via the remote web feature. Can we set up either two-factor authentication, or move this device to a separate partner account, or some other method (disable remote web access altogether?) to allow only who we permit on our end to access this device via the Internet?” (US Congress, 9/12/2016)

On May 14, 2015, a photo of PRN employees was posted to their website and suggests the number of employees working there at the time to be approximately 28.  (Platte River Networks, 5/14/15)

In September 2016, after the email is publicly released, Representative Jason Chaffetz (R) will comment, “If I understand the email correctly, every single employee of PRN could have accessed some of the most highly classified national security information that’s ever been breached at the State Department.” (US Congress, 9/13/2016)

September 12, 2016: Bill Clinton claims the Clinton Foundation is more transparent than any other charitable foundation.

Bill Clinton talks to Charlie Rose on September 12, 2016. (Credit: CBS News)

Bill Clinton talks to Charlie Rose on September 12, 2016. (Credit: CBS News)

Former President Bill Clinton is interviewed by CBS News reporter Charlie Rose. He says, “I have said to the best of my knowledge nobody ever got anything from the State Department because they supported the Clinton Foundation. If they did and it was inappropriate, I would say that was wrong too. I have proved that I’m not averse to apologizing for things that I think were wrong. So I am unaware of that.”

He adds, “I believe, first of all, we’ve been as transparent as we can be. And we’ve been more transparent than any other foundation, more transparent than any other foundation has ever been asked to be, and certainly more transparent than anybody else in this line of work is.”

He also says, “Now, if you think nobody should ever call somebody they know and say, ‘Well, so-and-so would like a meeting’—that’s just the way the national government works, so I can’t say anything about that. But I can say to the best of my knowledge … that the people they accused or implied gave money to the foundation just so they could have some in with Hillary did not do that. That’s simply not true.” (CBS News, 9/12/2016)

September 12, 2016: One company that helped manage Clinton’s server complies with a Congressional subpoena, but two do not.

On August 22, 2016,  two Congressional committees issued subpoenas on the three companies involved in the management of Clinton’s private server: Platte River Networks (PRN), Datto, Inc., and SECNAP, Inc. They were ordered to turn over all responsive documents by September 12, 2016. Datto complies with some documents by the deadline, but PRN and SECNAP do not.

Representative Lamar Smith (Credit: Harry Hamburg / The Associated Press)

Representative Lamar Smith (Credit: Harry Hamburg / The Associated Press)

Representative Lamar Smith (R), chair of the House Science, Space, and Technology Committee, one of the two committees that issued the subpoenas, releases a statement on September 12, 2016 about this: “It is clear that the server maintained by Platte River contained official government business and even sensitive state secrets.  Alarmingly, Platte River and SECNAP denied having any documents related to information technology security precautions on former Secretary Clinton’s server or network.  This type of blatant denial and willful misinterpretation of the subpoenas will not be tolerated. I’m hopeful for the sake of our nation’s officials that email server security will be taken seriously and that these two companies will comply with legally issued subpoenas.”

Smith claims that PRN and SECNAP “chose willfully to misinterpret the plain language of the subpoena and did not provide any documents responsive to the Chairman’s subpoena.  Both companies claim to possess no responsive documents despite evidence to the contrary found in the documents produced by Datto as well as details outlined in the FBI’s release of documents on September 2, 2016.”

As a result, new subpoenas have been issued to SECNAP and PRN demanding the documents. (US Congress, 9/12/2016)

 

September 13, 2016: Representative Chaffetz claims that fewer than 20 of Pagliano’s emails have been recovered.

In comments during a Congressional hearing relating to Clinton’s use of a private server, Representative Jason Chaffetz (R) comments about Clinton’s server manager Bryan Pagliano, “[I]t’s our understanding [that] Mr. Pagliano worked in the I.T. department at the State Department nearly four years yet virtually every single email Mr. Pagliano had has suddenly disappeared. There’s something like less than 20 emails…”

Bryan Pagliano’s empty chair at the hearing. (Credit: CSpan)

Chaffetz also says, “Mr. Pagliano is important because he was receiving a paycheck from the Clintons but failed to disclose that on his financial forms. We’d like to give him an opportunity to answer that question. We also believe he entered into an immunity agreement. You’d think somebody would sing like a songbird if you got immunity from the FBI. What are you afraid of?”

Pagliano cannot answer the question because he fails to attend the hearing, despite a Congressional subpoena to do so. (US Congress, 9/13/2016)

It has been reported that the .pst file containing all of Pagliano’s State Department emails has been lost.

The FBI Clinton email investigation’s final report failed to mention the issue of Pagliano’s lost emails or how many of his emails the FBI had or found. (Federal Bureau of Investigation, 9/2/2016)

September 13, 2016: A Congressperson alleges that Clinton is responsible for a computer company not complying with a Congressional subpoena related to Clinton’s private server.

On September 12, 2016, a deadline to respond to a subpoena issued by a Congressional committee passed. Three companies involved in the management of Clinton’s private server had been given the subpoena, and one – Datto, Inc. – responded in time with documents, while the other two – Platte River Networks (PRN) and SECNAP, Inc.  – did not.

The next day, Representative Lamar Smith (R) comments in a related Congressional hearing, “just this morning… SECNAP’s [legal] counsel confirmed to my staff that the Clinton’s private LLC [Clinton Executive Service Corp.] is actively engaged in directing their obstructionist responses to Congressional subpoenas.” (US Congress, 9/13/2016)

Clinton’s lawyer will later confirm that he is prohibiting SECNAP from fully complying with a subpoena.